SRC-PNG H.B. 2873 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2873
By: Maxey (Zaffirini)
Human Services
5/10/1999
Engrossed


DIGEST 

Currently, many Texas children with disabilities require long-term care.
Texas has developed and provided Medicaid waivers for those children who
would otherwise be forced to enter an institution. The waivers allow
individuals with significant support needs to obtain comprehensive services
in their communities, including the families of children younger than 23
years of age with disabilities or special health care needs who require a
flexible service array to ensure that basic needs for safety, security, and
stability are met.  These waivers may need to be modified to ensure that
services are structured and provided in a manner supportive of families.
This bill would require the Health and Human Services Commission or an
agency operating part of the medical assistance program, as appropriate, in
developing and providing services subject to this section, to adopt a
specific protocol in the identification of children with disabilities or
special needs and methods of providing support services to children and
their families. 

PURPOSE

As proposed, H.B. 2873 sets forth the operation of certain Medicaid waiver
programs for children with disabilities or special health care needs. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 32B, Human Resources Code, by adding Section
32.052, as follows:  

Sec.  32.052.  WAIVER PROGRAMS FOR CHILDREN WITH DISABILITIES OR SPECIAL
HEALTH CARE NEEDS.  (a) Provides that this section applies to services
under the medical assistance program (program) provided to children younger
than 23 years of age with disabilities or special health care needs under a
waiver granted under 42 U.S.C. Section 1396n(c). 

(b) Defines "permanency planning."

(c) Requires the Health and Human Services Commission or an agency
operating part of the program (department), as appropriate, to perform
certain actions under the program in developing and providing services
subject to this section. 

(d) Requires the department to coordinate the provision of services subject
to this section with services provided under the Texas Health Steps
Comprehensive Care Program to ensure that the services are cost neutral and
that they are not duplicated within the program. 

(e) Requires the department to establish an advisory committee (committee)
to provide recommendations on the delivery of services subject to this
section.  Requires the committee to meet regularly and include
representatives of certain constituencies.  Requires the committee to
provide recommendations on certain areas. 

(f) Entitles a member of the committee who is the parent of a child
receiving services subject  to this section to reimbursement of travel
expenses incurred while conducting committee business in a manner provided
by the General Appropriations Act. 

SECTION 2. Requires a state agency to request a waiver or authorization and
authorizes it to delay implementing a provision until the waiver or
authorization is granted, should the agency determine that a waiver or
authorization from a federal agency is necessary before implementing any
provision of this Act. 

SECTION 3. Emergency clause.
  Effective date: upon passage.